In addition to adjudicative responsibilities, the Code deals with a judge's administrative responsibilities. Note, however, that the Code only regulates the conduct of a county judge in a judicial capacity, and not the judge's role in the administration of the county. Any references to the judge's administrative responsibilities, therefore, refer only to matters of judicial administration.

A. Standards for Staff

In general, judges should require staff, court officials, and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge. As noted above, judges are required to ensure that court personnel subject to the judge's direction and control comply with the same duties as the judge with respect to bias and prejudice, courtesy, and ex parte communications. {Canon 3(C)(1-3)}

B. Unnecessary Appointments

Judges must not make unnecessary appointments. All appointments must be made impartially and on the basis of merit, and should not reflect nepotism or favoritism. Judges must not approve compensation of appointees beyond the fair value of services rendered. Judges must also comply with Rule 12 of the Rules of Judicial Administration regarding access to judicial records, with the understanding that failure to do so will be regarded as a violation of the Judicial Canons. In counties without a public defender system, general rules for appointing attorneys in criminal cases are found in Code of Criminal Procedure Chapter 26. In 2011, the Texas legislature extensively amended statutes dealing with appointed defense attorneys, including setting up public defender offices shared between counties (see {Tex. Code Crim. Proc. art. 26.044}) and a managed assigned counsel program (see {Tex. Code Crim. Proc. art. 26.047}).

C. Reporting Misconduct

The Code expressly obligates a judge to report the misconduct of another judge or a lawyer under certain circumstances.

A judge who receives information "clearly establishing" that another judge has violated the Code of Judicial Conduct should take "appropriate action." A judge must inform the Commission on Judicial Conduct or take other appropriate action if that judge has knowledge that another judge committed a violation that raises a substantial question as to the other judge's fitness for office. {Canon 3(D)(1)}

Judges are required under certain circumstances to report violations of the Texas Disciplinary Rules of Professional Conduct by lawyers. A judge who receives information clearly establishing that a lawyer has violated the Rules should take appropriate action. A judge who knows about a violation that raises a substantial question as to the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects must inform the General Counsel of the State Bar or take other appropriate action. {Canon 3(D)(2)}

V. EXTRA-JUDICIAL ACTIVITIES

{Canon 4}

A. General

As a general rule, a judge should conduct all extra-judicial activities so that they do not:

1. cast reasonable doubt on the judge's capacity to act impartially as a judge; or

2. interfere with the proper performance of judicial duties.

B. Raising Funds for Organizations

Judges may speak, write, teach, and participate in extra-judicial activities concerning the law, the legal system, the administration of justice, and non-legal subjects, as well as serve as a member, officer, or director of an organization or government agency devoted to the improvement of the law, legal system or administration of justice. However, a judge should not assist such organizations in raising funds personally, though the judge may participate in funds management and investment. {Canon 4(B)(2)} Also note that Penal Code Sec. 36.07 prohibits a public servant from accepting an honorarium (not including transportation and lodging expenses for conferences) that he would not otherwise have received except for his official position or duties. {Tex. Penal Code Sec. 36.07}

C. Civic and Charitable Activities

Judges may participate in civic and charitable activities, including serving as an officer, director, trustee, or non-legal advisor of a not-for-profit enterprise so long as the activities do not reflect adversely on the judge's impartiality or interfere with the performance of judicial duties. There are three exceptions:

1. A judge should not serve if it is likely that the organization will be in proceedings that would ordinarily come before the judge or will be regularly or frequently in adversary proceedings in any court.

2. A judge should not solicit funds for such an organization, but the judge may be a speaker or a guest of honor at the organization's fund-raising events.

3. A judge should not give investment advice to such organizations, but the judge may serve on the board even though it has responsibility for investment decisions.

D. Restrictions on Financial Activities

The Code has several restrictions on the judge's financial activities.

As a general rule, judges must not have financial and business dealings that tend to reflect adversely on the judge's impartiality, interfere with the judge's impartiality, exploit the judge's judicial position, or involve the judge in frequent transactions with lawyers or persons likely to come before the judge. A judge may hold and manage investments in compliance with rules of the Judicial Canons but may not be an officer, director, or manager of a publicly owned business (defined as a business having ten or more owners who are not personally related by consanguinity or affinity within the third degree of relationship). Also, a judge should manage investments or other economic interest to minimize the number of cases in which the judge is disqualified. {Canon 4(D)(2)-(3)}

The Code does not limit the right of a judge or a candidate to solicit campaign or officeholder expenses as permitted by state law.

Judges and family members residing in the judge's household may not accept gifts, favors, bequests, or loans from anyone except:

1. gifts incident to a public testimonial, books provided by publishers for official use, and invitations to the judge and spouse to attend a bar-related activity;

2. ordinary social hospitality, gifts from relatives, gifts from friends for special occasions, loans from lending institutions on the same terms as are available to the public, and scholarships and fellowships awarded on the same terms applied to other applicants;

3. any other gift, bequest, favor, or loan if the donor is not a party or person whose interests have come or are likely to come before the judge; and

4. any gift, award, or benefit incident to the separate activity of a spouse or other family member residing in the same household, provided the gift, award or benefit could not reasonably be perceived as intended to influence the judge's judicial duties.

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